Steve Burns

WMAL.com

ROCKVILLE – (WMAL) A day after telling county leaders that reform is needed in how the county approaches gang activity, Montgomery County State’s Attorney John McCarthy is also calling for action on the state level, in updating Maryland’s gang statute. He said it has been used just seven times around the state in the ten years the law has been on the books.

McCarthy criticized the statute as a burdensome process that prevents prosecutors from going after gang leaders.

“The current statute has, I would suggest, at a minimum, 20 to 25 elements you have to prove,” McCarthy told the Montgomery County Council Tuesday. That includes the existence of the gang, the gang’s involvement in criminal activity, and, in most cases, two other “predicate” crimes.

“Why should I have to prove that MS-13 exists? There should be a list of gangs that are absolutely internationally and nationally known and recognized,” McCarthy said. “To some extent, there are some things that we are required by this law to prove that are absurd.”

The current statute makes it difficult to prosecute gang leaders for crimes they directed, but didn’t necessarily carry out themselves, McCarthy said.

“The essence of this would enable us to target the hierarchy and the people that are running these particular gangs by holding them responsible for the crimes being committed maybe at their direction, with their assistance, but not when they are directly involved in the crime.”

A few minutes into his testimony, McCarthy was interrupted by County Council President Roger Berliner.

“Mr. McCarthy, I don’t want to cut you off. I just want to observe, unless I’m mistaken, the phrase ‘You had us at hello’ comes to mind,” Berliner said. “All we need is for you to do your work. We will support you.”

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